TOVOLO REST., INC. v. BARBUTO'S RISTORANTE, LTD.


47 A.D.2d 640 (1975)

Tovolo Restaurant, Inc., Appellant, v. Barbuto's Ristorante, Ltd., et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 3, 1975


Order reversed, without costs, defendants' motion denied and plaintiff's cross motion granted.

The examination before trial of defendant Robert Barbuto shall proceed at the place directed in the order dated May 17, 1974 at a time to be specified in a written notice of not less than 10 days, to be given by plaintiff, or at such other time and place as may be agreed by the parties. We disagree with Special Term's denial of plaintiff's cross motion based on its finding...

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